一、许霆的行为定性争议2006年许霆因在故障ATM机上恶意取款171次,一审判处犯盗窃罪被判无期,二审仍然判处盗窃罪,但无期改为有期徒刑5年。但是学者对于许霆行为的定性有如下不同观点:(一)认为许霆的行为不构成犯罪第一种观点,认为不构成犯罪。本观点以中国政法大学教授侯国云教 I. Qualitative Controversy of Xu Ting In 2006, Xu Ting was convicted of embezzlement in the first instance for 171 times because of malicious withdrawals on a failed ATM machine. The second instance was still sentenced to theft, but was sentenced to 5 years imprisonment. However, scholars have different views on the nature of Xu Ting’s behavior as follows: (1) They consider that Xu Ting’s behavior does not constitute the first view of crime and does not constitute a crime. This view to China University of Political Science and Law professor Hou Guoyun teach